Monthly maintenance charges in apartments
T SANKAR RAO
(Querist) 10 February 2012
This query is : Resolved
Sir,
Flat Owners in an Apartment Complex formed into an Assn.& got registered as a Society. One Flat Owner has not been paying the Monthly Maintenance Charges to the Society for the past 1 year. Notices have no effect.Can the Society get redressal in the Consumer Court by making a complaint against the defaulter? If a suit to be filed in cilvil court, under which section.
For kind advice....Thanks.
V R SHROFF
(Expert) 10 February 2012
ISSUE NOTICE U/S 101 FOR RECOVERY OF DUES. IF HE DO NOT PAY, FILE 101 REC PROCEDURE WITH ASST REGISTRAR , AND THE MEMBERS WILL HAVE TO PAY ALMOST DOUBLE, AS RECOVERY EXPENSES, INTEREST, NEWS PAPER PUBLISHING EXPENSES ETC.
You cannot go to Civil Court or Consumer court.
ajay sethi
(Expert) 10 February 2012
why you want to move consumer forum and wait for 2 years?
if you are in Maharashtra then under provisions of maharashtra Cooperative Societies act you cn amake applictaion under section 101 for recovery of dues against defaulter . issue legal notice to defaulter . resolution has to be passed in managing committee against defauler to take recovery proceedings .
Deepak Nair
(Expert) 11 February 2012
Rightly advised by Mr.Ajay.
No consumer case is maintainable in this issue.
Act as advised by Mr.Sethi.
prabhakar singh
(Expert) 11 February 2012
NEITHER A CONSUMER COMPLAINT NOR A CIVIL SUIT LIES IN MATTERS OF DISPUTES BETWEEN A MEMBER AND A COOPERATIVE SOCIETY.THE REMEDY IS TO APPROACH ASSISTANT REGISTRAR FOR AWARD OF RECOVERY AFTER A RESOLUTION BY MANAGING BODY AND RECOVERY NOTICE TO DEFAULTER IN ALMOST EVERY COOPERATIVE SOCIETY ACT.
T SANKAR RAO
(Querist) 11 February 2012
Sirs,
This is a case in Hyderabad, Andhra Pradesh.
Please advise jurisdiction,Section, & Act under which the issue is to be moved. Is this judicial process or administrative correspondence?
Kindly adivise.
--sankar rao
Deepak Nair
(Expert) 13 February 2012
Dear Mr.Rao,
This case will come under either AP Co-op Scties Act 1964 or AP Mutually Aided Co-op Scties Act 1995.
You have to apprach the deputy registrar of societies of your locality in Hyderabad.
